Saving Seafood

US tuna companies face class-action lawsuits over “Dolphin-Safe” claims

May 15, 2019 — In the midst of dealing with numerous price-fixing lawsuits, Bumble Bee Foods, Chicken of the Sea, and StarKist now face class-action complaints over the “Dolphin-Safe” claims on their tuna products.

While Lion Capital-owned Bumble Bee, Thai Union-owned Chicken of the Sea, and Downgon Industries-owned Starkist claim that their products are “Dolphin-Safe,” that is not the case, according to the racketeering and fraud complaints filed in United States District Court in San Francisco, California, U.S.A.

The “Dolphin-Safe” label signifies that no dolphins were killed or seriously injured as a result of the catching of the tuna contained in their products. But the suppliers’ tuna fishing practices “kill or harm substantial numbers of dolphins each year,” the lawsuit against StarKist stated.

“And, because defendant does not adequately trace or otherwise identify the tuna that is not ‘Dolphin-Safe’ and physically segregate and store it separately from any tuna that may be ‘Dolphin-Safe,’ defendant may not label any of its products as ‘Dolphin-Safe,’” the StarKist complaint said.

While StarKist “does not comment on pending legal matters”, Michelle Faist, senior manager of corporate affairs for StarKist Co., told SeafoodSource, the supplier “will not purchase any tuna caught in association with dolphins.”

“StarKist Co. is committed to protecting the dolphins and was the first company to adopt a dolphin-safe policy in April 1990,” Faist said.

The policy states that: “StarKist will not purchase any tuna caught in association with dolphins. StarKist continues its practice of refusing to purchase tuna caught with gill or drift nets, which are known to be dangerous to many forms of marine life. StarKist condemns the use of these indiscriminate fishing methods that trap dolphins, whales, and other marine life along with the intended catch of fish.”

Read the full story at Seafood Source

U.S. consumers sue Bumble Bee, Chicken of the Sea, StarKist over ‘dolphin-safe’ tuna claims

May 14, 2019 — U.S. consumers sued Bumble Bee, Chicken of the Sea and StarKist, accusing the country’s three major packaged-tuna brands of deceiving them into thinking their tuna is caught only through “dolphin-safe” fishing practices.

The proposed class actions filed on Monday said the defendants employ fishing techniques that kill or harm dolphins, and do not always use safer, costlier pole-and-line and other methods used by such rivals as Whole Foods and Trader Joe’s.

The consumers said this makes the defendants’ dolphin-safe labels false and misleading, violating the laws of several U.S. states including California, Florida, New Jersey and New York.

They also said StarKist violated federal racketeering law through its alleged dealings with foreign fishing companies.

Concern about dolphin safety “makes tuna fish consumers no different from Hindus attributing zero value to beef products, or vegans attributing zero value to animal products, or vegetarians attributing zero value to meat, fish, and poultry,” the complaints said.

StarKist said it does not discuss pending litigation, but would not buy tuna “caught in association with dolphins.” It also condemned “indiscriminate fishing methods” that trap dolphins along with the intended catch.

Read the full story at Reuters

Good News for California Fisheries Seeking to Test Extended Hook and Line Fishing Gear in U.S. West

May 10, 2019 — The following was released by the California Pelagic Fisheries Association:

The National Ocean and Atmospheric Administration (NOAA) has issued an Exempted Fishing Permit (EFP or “permit”) to allow two U.S. fishermen to test extended hook and line (both deep set and shallow set) fishing gear in Federal waters within the U.S. West Coast Exclusive Economic Zone (EEZ). A primary function of the testing is to determine if the U.S. fishermen can help to increase America’s reliance on domestic seafood.

Currently the U.S. imports 90 percent of its seafood. The new permits could increase reliance on local seafood, particularly where swordfish and tuna are concerned. The North Pacific swordfish population, for example, is very healthy and would support a substantial additional harvest according to all international fisheries experts and published reports. Any increase in U.S. fisheries production improves America’s seafood security as well as provides for a sustainable ecosystem footprint often lacking in the weak environmental oversight of foreign fisheries.

“NOAA’s decision is a huge win for American fisheries, fishermen and ultimately, the environment,” said Dave Rudie, owner of Catalina Offshore Products and President of the California Pelagic Fisheries Association. “It will greatly benefit San Diego and southern California and our consumers as well.”

The EFP excludes any fishing within 50 miles of the coast or offshore islands and requires that a U.S. Government approved fisheries observer be present during all test fishing. Additionally, it requires a full suite of verified mitigation techniques be used during all test fishing. These techniques are known to reduce or eliminate interactions with sea birds, sea turtles and marine mammals.

About the California Pelagic Fisheries Association

The California Pelagic Fisheries Association (CPFA) was formed in 2015 by a group of American fishermen and seafood processors with the function of representing their interests in developing high seas (pelagic) fisheries in the Eastern Pacific Ocean. As a result of CPFA’s ongoing efforts at both a local and national level, American consumers have more opportunities to enjoy the very best quality tuna, swordfish and similar species knowing they were harvested by American fishermen using proven environmentally friendly fishing techniques.

About Catalina Offshore Products

Founded in 1977, Catalina Offshore Products was once exclusively a sea urchin wholesaler in both domestic sales and exports. Today the company is one of the largest buyers of local seafood in San Diego, specializing in species found off the West Coast, from Baja and Southern California to the Pacific Northwest. Its business has expanded to include an online store and walk-in fish market and proudly remains family owned and operated. Recognized as an industry leader, Catalina Offshore Products is committed to providing high quality seafood choices from responsible fisheries or farms. For more information, visit catalinaop.com.

Tuna Experts Mark 10 Years of Collaboration, Come Together for Workshop on Mitigation of Environmental Impacts of Tropical Tuna Purse Seine Fisheries

May 9, 2019 — The following was released by the International Seafood Sustainability Foundation & Common Oceans ABNJ Tuna Project: 

The International Seafood Sustainability Foundation (ISSF) and the Common Oceans ABNJ Tuna Project co-sponsored the Mitigating Environmental Impacts of Tropical Tuna Purse Seine Fisheries workshop, held at the Food and Agriculture Organization of the United Nations’ (FAO) Headquarters in Rome, on 12-13 March 2019. The workshop reviewed the progress cross-sector research and advocacy efforts have made in reducing bycatch and other environmental impacts and also identified main focus areas for future activities.

Workshop sessions focused on: (1) bycatch of the tuna purse seine fishery; (2) sharks and rays; (3) small bigeye and yellowfin tuna; (4) fish aggregating device (FAD) structure impacts; (5) FAD management; and (6) looking ahead: the next 10 years. Each session comprised an expert presentation followed by a discussion panel including representatives from across the multi-sector workshop participants. The newly released report detailing the six sessions is now available for download. The report also offers data-rich presentations for each session.

Read the full release here

Peruvian giant squid, shrimp, hake, and more to be featured at Seafood Expo Global

May 3, 2019 — A collective of 23 Peruvian businesses will be exhibiting at this year’s upcoming Seafood Expo Global event, taking place from 7 to 9 May in Brussels, Belgium.

The group will showcase a variety of products under the Superfoods Peru brand name at the expo, including giant squid, scallops, shrimps, tuna, mahi mahi, canned fish, anchovy, hake, mackerel, anchovies, and octopus. Peruvian canned fish, anchovies, hake, mackerel, and octopus will also be on display at the collective’s 252-square-meter stand.

Peru’s Export and Tourism Promotion Board, PROMPERÚ, has arranged for the Peruvian delegation to attend the expo, it confirmed in a press release. “Taking in consideration the commercial agreements generated in previous editions,” for 2019, the delegation expects to exceed USD 120 million (EUR 107 million) in profits, to be realized over the upcoming 12 months, PROMPERÚ said.

Read the full story at Seafood Source

The Surprising Story of Swordfish You May Not Know

May 1, 2019 —  The following was published by NOAA Fisheries:

Today’s North Atlantic swordfish population is a great fishery rebuilding story.

Twenty years ago, this predatory fish was in trouble. Their population had dropped to 65 percent of the target level. This means there wasn’t enough North Atlantic swordfish in the water to maintain their population in the face of fishing by the many countries who share the resource.

Fast forward to 2009 and the international commission that manages species like swordfish declared the Northern Atlantic stock fully rebuilt. That announcement came a year ahead of the 2010 target date set in the International Commission for the Conservation of Atlantic Tuna’s (ICCAT) 10-year rebuilding plan.

“If it’s U.S.-harvested swordfish, consumers can feel confident it’s a smart seafood choice,” said Rick Pearson, NOAA Fisheries fishery management specialist. “We should reward our sustainable stewardship practices at the seafood counter.”

Rebuilding an Important Population

Efforts to restore a dwindling population of North Atlantic swordfish date back to 1985 when NOAA Fisheries implemented the first U.S. Atlantic Swordfish Fishery Management Plan. This plan reduced the harvest of small swordfish, set permitting and monitoring requirements, and launched scientific research on the swordfish stock. Minimum size limits and enforcement processes came shortly after when ICCAT issued its first recommendation on swordfish in 1990.

Despite these and other management strategies implemented over the next eight years, the stock continued to suffer. By the late 1990s, the average weight of swordfish caught in U.S. waters had fallen to 90 pounds, a drop from the 250-pound average fishermen enjoyed in the 1960s. This was in part because the population decline meant fishermen were catching younger fish.

What ultimately reversed their downward course was the broad suite of actions built up by the beginning of the 21st century.

“There is no one measure that could have brought this population back from the decline,” said Pearson. “Sustainable fishery management requires a comprehensive science-based approach that considers the biological needs of the fish population, the health of fisheries, the fishing industry, and coastal communities.”

In the United States today:

  • A limited number of vessels can target swordfish commercially with longline gear.

  • All fishermen must abide by minimum size limits, and many must also abide by retention limits.

  • Closures prevent pelagic longline fishing in waters with historically high levels of bycatch species, including undersized swordfish.

  • Satellite tracking systems are mandatory on some vessels that target swordfish.

  • The use of circle hooks is required in commercial fisheries to increase the survival of sea turtles and other animals caught accidentally.

  • Commercial fishermen must attend workshops where they learn to properly handle and release bycatch, including undersized swordfish.

  • Observer programs provide fishery scientists and managers with needed data.

Leading the International Community

Some of these measures can be traced back to the ICCAT rebuilding plan, but many are the result of U.S.-led efforts to protect swordfish, reduce bycatch of other species, and sustainably manage fisheries that interact with swordfish.

Pearson and others also point to the key role the U.S. commercial fishing industry played in helping to establish these domestic efforts and supporting greater international collaboration.

“The United States led the charge internationally to adopt measures to recover North Atlantic swordfish,” said Christopher Rogers, director of International Fisheries. “We pressed our international partners to adopt measures U.S. fishermen were already practicing, such as catch limits, minimum sizes, recording and reducing dead discards, and appropriate observer coverage. Strong U.S. leadership helped ensure the international community shared the burden for rebuilding this iconic species.”

Support for a Valuable U.S. Fishery

In the decade since ICCAT first declared that North Atlantic swordfish are not being overfished, the United States has seen a fall in its total annual catch. In 2017, U.S. fishermen caught just 14 percent of the total swordfish catch reported to ICCAT.

There are several reasons for this decline, says Pearson, including rising fuel prices, an aging commercial fleet, and competition from often lower-quality imported frozen products.

To help more U.S. fishermen take advantage of our national ICCAT-allotted quota, NOAA Fisheries has made several changes in the last decade to commercial and recreational restrictions, such as:

  • Removing vessel size and horsepower restrictions on pelagic longline permits.

  • Increasing retention limits on some permits.

  • Launching a hand gear permit, allowing fishermen to participate in the fishery without spending more to buy a longline permit from another vessel.

  • Making it easier for fishermen to get and renew permits.

But there is more work to be done to ensure our regulatory program is effective in both maintaining swordfish populations and supporting the fishing industry. We are currently examining whether some area-based and gear management measures that affect swordfish fisheries could be modified in light of the success of a program that has reduced bluefin tuna bycatch.

“The U.S. fishery management process is a dynamic process,” said Pearson. “Protecting the North Atlantic swordfish population from overfishing while ensuring fishing opportunities for our recreational and commercial fishermen requires the best available science and responsive management.”

Read the story at NOAA Fisheries

South Pacific Tuna Corporation executive director criticizes global tuna trade

April 26, 2019 — J. Douglas Hines, until recently one of the owners of the fleet operated by the South Pacific Tuna Corporation, said he exited the business because he believes the U.S. tuna-fishing fleet has to “play to a different standard.”

Hines, who has since branched into vegan seafood alternatives, formerly worked as the chief operating officer and board director of canned tuna firm Bumble Bee Foods and held executive positions at Chicken of the Sea and Mitsui before building a fleet of tuna-fishing vessels operating in the Western Pacific Ocean. He sold his ownership stake of the vessels to one of the company’s U.S.-based partners in 2018, but will stay on as executive director and board member with the South Pacific Tuna Company through 2019, he told SeafoodSource.

Hines cited overlapping and unfair standards for the U.S. fleet as the primary reason for his decision last year to sell off his investment in the fleet of 14 purse-seiners, saying current norms in the industry are not sustainable.

“If you look at the oceans, between the pollution and overfishing, they’re a mess,” he said. “The high seas are particularly troublesome – there’s no law there. And you can walk over the ocean on the back of all the Chinese vessels that are out there.”

Read the full story at Seafood Source

ISSF Participating Tuna Company Compliance Report Shows 98.5 Percent Conformance with Foundation Conservation Measures

April 25, 2019 — The following was released by the International Seafood Sustainability Foundation:

The International Seafood Sustainability Foundation (ISSF) has released its ISSF Annual Conservation Measures & Commitments Compliance Report, which shows a 98.5 percent conformance rate by 25 ISSF participating companies with all 27 ISSF conservation measures in effect in 2018, the audit period. Many of the world’s largest tuna processing companies participate in ISSF.

As part of its commitment to transparency and accountability, ISSF engages third-party auditor MRAG Americas to continuously assess ISSF participating companies’ compliance with ISSF’s conservation measures according to a rigorous audit protocol.

“It is encouraging to see the independent audit process continue to show high conformance among our Participating Companies,” said ISSF President Susan Jackson. “As we celebrate our organization’s 10th anniversary, these are the metrics that make a difference. Particularly in the last three years, our industry participants have collectively scored high marks on a consistent basis, meaning they’re taking seriously the science-based measures we’ve developed.”

The April 2019 annual compliance report is based on participating company activity for 2018. ISSF publishes this annual compliance report with initial audit results in the second quarter each year; in November, ISSF publishes an updated report to show any remediation of non-conformances previously reported.

The April 2019 report shows that:

  • 17 companies were in conformance with all 27 measures in effect during the 2018 reporting period.
  • 8 companies had at least one minor non-conformance, for a total of 9 instances of minor non-conformance. These typically involved instances where companies achieved some, but not full, compliance with a given conservation measure.
  • 1 company had one major non-conformance. As defined by MRAG Americas, a “major non-conformance” means a company does not comply with a particular conservation measure or commitment, and this compromises the integrity of ISSF initiatives.

ISSF conservation measures where companies achieved 100 percent conformance include: 2.1 Product Traceability; 3.1(b) Prohibition of Transactions with Shark Finning Policies; 3.4 Skipper Best Practices; 3.5 Transactions with Vessels that Use Non-entangling FADs; and 5.2 IUU Product Response. Areas for improvement include data submission to RFMOs, observer coverage on tuna vessels, and IMO Unique Vessel Identifiers.

The rate of full conformance had been mostly steady in each annual reporting period, as shown across the below compliance report publication dates. The April 2019 report audited companies against five new Conservation Measures that were not in effect during previous reporting periods.

  • June 2015: 79.8 percent
  • June 2016: 87.2 percent
  • November 2016: 95.6 percent
  • May 2017: 97.5 percent
  • November 2017: 100 percent
  • June 2018: 97 percent
  • November 2018: 99 percent
  • April 2019: 98.5 percent

The five new measures for which ISSF Participating companies were first evaluated during the 2018 audit period are as follows:

Measure 2.3 Product Labeling by Species and Ocean of Capture: On all product labeling, or through a publicly available web-based system by product, for all branded tuna products:

  1. Identify the species of tuna contained in the product.
  2. Identify the ocean of capture for the tuna contained in the product.

Measure 3.6 Transactions with Vessels Implementing Best practices for Sharks and Sea Turtles: Transactions only with those longline vessels whose owners have a policy requiring the implementation of best practices for sharks and marine turtles.

Measure 4.4 (C) Transshipment at Sea – Observer Coverage (Large Scale Longline): Transactions with longline vessels that conduct transshipments at sea, whether high seas, EEZ, territorial seas or archipelagic waters, only if 100% of such transshipments are observed.

Measure 7.2 Threshold Requirement for PVR Listing: All large-scale purse seine vessels owned by the same business organization shall be in demonstrated compliance with, or otherwise exempted from, Section 6 —Capacity.

Measure 7.4 Supply and Tender Vessels: For controlled supply or tender vessels that operate with purse seine vessels:

  • register all vessels on the PVR and maintain registration indefinitely;
  • ensure all are listed on the authorized vessel record of any RFMO governing the ocean area in which the tuna was caught;
  • ensure all have an IMO unique vessel identifier; and
  • ensure all are not listed on the IUU Vessel List of any RFMO.

In addition to the annual compliance reports, MRAG Americas issues individual ISSF participating company reports, published on the ISSF site, detailing each company’s level of compliance with conservation measures. Under the compliance policy, companies may be required to remediate non-conformances found during the annual audit, and MRAG will immediately issue reports for those companies that do so.

StarKist Fined by EPA For Failing to Comply With 2018 Settlement

April 19, 2019 — StarKist will have to pay $84,500 in penalties for violating the terms of a 2018 settlement, according to the U.S. Environmental Protection Agency (EPA).

The 2018 settlement was related to deficiencies in environmental compliance at StarKist’s tuna processing facility in American Samoa. StarKist initially paid a $6.5 million penalty to resolve the violations of federal environmental laws. The company had also agreed to make upgrades to reduce water pollution and the risk of releases of hazardous substances, in addition to providing American Samoa with $88,000 in emergency equipment for responding to chemical releases.

The EPA reports that StarKist violated the terms of the settlement on “multiple occasions” when they made unauthorized discharges from the facility to Pago Pago Harbor. A reported 80,000 gallons of wastewater was dumped into the inner harbor in one incident. The company also “violated the consent decree terms on 27 days when wastewater was routed around one of the required treatment measures to bypass a step in the wastewater treatment process.”

“EPA will continue to work closely with StarKist to ensure the needed safety and pollution control upgrades are realized, per our agreement,” said EPA Pacific Southwest Regional Administrator Mike Stoker. “With our American Samoa EPA partners, we will protect Pago Pago Harbor and the marine environment of American Samoa.”

This story was republished with permission from SeafoodNews.com

Science on your side: The trappings of fish fraud

April 18, 2019 — Seafood fraud and mislabeled seafood is a permanent topic in the sustainable fisheries space and has been driving the demands for product traceability. Since 2011, Oceana has led the discourse on fish fraud by publishing sixteen reports on the subject.

Oceana Canada’s 2018 report exposed some important shortcomings in the Canadian seafood system and offered constructive, achievable mandates for reducing seafood fraud domestically, but the study collected data from a biased sample and only presented results that supported a narrative of rampant fraudulence.

Oceana collects seafood samples at restaurants and retail outlets, DNA tests them, then matches the DNA results to government labeling guidelines. The sampling focused specifically on cod, halibut, snapper, tuna, salmon and sole because these species historically, “have the highest rates of species substitution.” This nonrandom sampling is consistent with previous seafood fraud studies from Oceana.

Of the 382 seafood samples tested in Canada, 168 (44 percent) were found to be mislabeled.

None of the red snapper (Lutjanus campechanus), yellowtail or butterfish tested was appropriately labeled. Tuna was mislabeled 41 percent of the time, halibut 34 percent, cod 32 percent and salmon 18 percent.

Fundamental to the interpretation of the Oceana Canada 2018 study’s results is the understanding that the samples were selected to find fraud, not to measure the actual extent of fraud across the entire seafood supply chain. Oceana disclosed this in the report. However the press release it issued for this report, and subsequent headlines from other news sources, such as “At least one quarter of the seafood you buy is a lie” from the site IFL Science, created a different narrative.

Aside from the sampling criticisms, the analysis of specific species was especially flawed.

Read the full story at National Fisherman